On August 10, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Sinar Seen
Individually And As Administrator Of The Estate Of Munir Seen, Deceased,
and
84 Lumber Company,
Aerco International, Inc.,
Algoma Hardwoods, Inc.,
Benjamin Moore & Company,
Bmce Inc., In Itself And As Successor To United Centrifugal Pump Co.,
Cbs Corporation, A Delaware Corporation, F K A Viacom Inc., Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation,
Certain-Teed Corporation,
Conwed Corporation,
Crane Co.,
Dap, Inc. N K A La Mirada Products, Inc.,
Foster Wheeler Energy Corporation,
General Electric Company,
Industrial Holdings Corporation F K A The Carborundum Company,
Ingersoll-Rand Company,
Ipa Systems, Inc.,
John Crane Inc.,
John Doe 1 Through John Doe 75,
Kaiser Gypsum Company, Inc.,
Kelly Moore Paint Company Inc.,
Mario & Dibono Fireproofing Corp.,
Mario & Dibono Plastering Co. Inc.,
Mckesson Corporation,
Metropolitan Life Insurance Company,
Pfizer, Inc.,
Sherwin-Williams Automotive Finishes Corporation,
Simpson Timber Company,
Tishman Construction Company,
Turner Construction Company,
Union Carbide Corporation,
U.S. Plywood A K A International Paper Company,
Weyerhaeuser Company,
for Torts - Asbestos
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/21/2019 12:49 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 06/21/2019
E.
{N0025215-1}
FILED: NEW YORK COUNTY CLERK 06/21/2019 12:49 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 06/21/2019
Daisy Acevedo
From: Nicholas P. Iannuzzi
Sent: Wednesday, J a n u a ry 30, 2019 2:32 PM
To: ' S h e l l e y Olsen';
Kerryann M . Cook; ' J a m e s
H u s s ' ; 'Babinecz,
Stephen';
'Steven.Corbin@lewisbrisbois.com'; 'kathleen.trabold@lewisbrisbois.com'; Caitlin E.Bell;
'Philip.O'Rourke@lewisbrisbois.com'
Subject: Seen, M u n i r - Index N o . :
190225/18 - Request to file T h i r d
Party C o m p l a i n t
Attachments: Levin, Marian (NYCAL) Order- Restoration - Kaiser Gypsum 1-24-19
( N 0 8 2 5 8 1 1 x B 8 9 4 2 ). p d f
Dear Special Master,
I am writing you today requesting permission to file an untimely Third Party Complaint, as prescribed by § XVIII (B) of
the CMO. Itis the matter of Munir Seen, and the Plaintiff is represented by James Huss of Simmons Hanly Conroy,
CC'ed hereto. Also CC'ed, several representatives from Lewis Brisbois, attorneys for proposed Third-Party Defendant,
Kaiser Gypsum. This matter isa part of the April 2019 In-Extremis trial cluster, and the reason for this application is
because the deadline for third-party complaints was January 1 0 , 2 0 1 9 , pursuant to the Cluster's Scheduling Order.
This matter was commenced on August 1 0 , 2 0 1 8 , and subsequently amended on August 3 0 , and September 1 1 , 2 0 1 8 . The
Plaintiff was deposed on September 5, 2018, and testified that he was allegedly exposed to asbestos from joint
compounds manufactured by, among others, Kaiser and IPA Systems, throughout his career as a drywaller. In
total, Plaintiff identified eleven (11) entities (3 viable, 7 bankrupt, 1 not sued) as contributing to his alleged
asbestos exposure. The party not sued herein is Kaiser Gypsum. According to a letter filed by Mr. Babinecz in
Levin v. Aerco International, Inc., et al.(Index No.: 1 9 0 2 5 1 / 1 6 ) , Kaiser filed for bankruptcy protection on September
30, 2016, however, recently, in that same matter, in an Order dated January 14, 2019, Justice Mendez restored
the action against Kaiser, signifying their re-entrance into the litigation. I have attached a copy of the Order for
your convenience.
As such, though our Third-Party Summons and Complaint be untimely, we request your leave to file said
pleadings against Kaiser Gypsum, as it would be just and proper given their implication in the instant matter.
Thank you in advance for your help, and please let me know if you require anything further.
Sincerely,
Nick Iannuzzi
N i c h o l a s P.
Iannuzzi
MCGIVNEY Associate
KLUGER & 80 Broad Street, 23rd Floor
N e w York, New York 10004
COOK, P.C.
www.mkclaw.us.com
A C O M M I T M E N T TO E X C E L L E N C E
Reception 212-509-3456
Direct 646-520-2115
Fax 212-509-4420
1
FILED: NEW YORK COUNTY CLERK 06/21/2019 12:49 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 06/21/2019
Florham Park, NJ IN e w York J Philadelphia J Syracuse JHartford J St. L o u i s
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Buffalo JWilmington, DE J New B r u n s w i c k ,
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FILED: NEW YORK COUNTY CLERK 06/21/2019 12:49 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 06/21/2019 E. {N0025215-1} FILED: NEW YORK COUNTY CLERK 06/21/2019 12:49 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 06/21/2019 Daisy Acevedo From: Nicholas P. Iannuzzi Sent: Wednesday, J a n u a ry 30, 2019 2:32 PM To: ' S h e l l e y Olsen'; Kerryann M . Cook; ' J a m e s H u s s ' ; 'Babinecz, Stephen'; 'Steven.Corbin@lewisbrisbois.com'; 'kathleen.trabold@lewisbrisbois.com'; Caitlin E.Bell; 'Philip.O'Rourke@lewisbrisbois.com' Subject: Seen, M u n i r - Index N o . : 190225/18 - Request to file T h i r d Party C o m p l a i n t Attachments: Levin, Marian (NYCAL) Order- Restoration - Kaiser Gypsum 1-24-19 ( N 0 8 2 5 8 1 1 x B 8 9 4 2 ). p d f Dear Special Master, I am writing you today requesting permission to file an untimely Third Party Complaint, as prescribed by § XVIII (B) of the CMO. Itis the matter of Munir Seen, and the Plaintiff is represented by James Huss of Simmons Hanly Conroy, CC'ed hereto. Also CC'ed, several representatives from Lewis Brisbois, attorneys for proposed Third-Party Defendant, Kaiser Gypsum. This matter isa part of the April 2019 In-Extremis trial cluster, and the reason for this application is because the deadline for third-party complaints was January 1 0 , 2 0 1 9 , pursuant to the Cluster's Scheduling Order. This matter was commenced on August 1 0 , 2 0 1 8 , and subsequently amended on August 3 0 , and September 1 1 , 2 0 1 8 . The Plaintiff was deposed on September 5, 2018, and testified that he was allegedly exposed to asbestos from joint compounds manufactured by, among others, Kaiser and IPA Systems, throughout his career as a drywaller. In total, Plaintiff identified eleven (11) entities (3 viable, 7 bankrupt, 1 not sued) as contributing to his alleged asbestos exposure. The party not sued herein is Kaiser Gypsum. According to a letter filed by Mr. Babinecz in Levin v. Aerco International, Inc., et al.(Index No.: 1 9 0 2 5 1 / 1 6 ) , Kaiser filed for bankruptcy protection on September 30, 2016, however, recently, in that same matter, in an Order dated January 14, 2019, Justice Mendez restored the action against Kaiser, signifying their re-entrance into the litigation. I have attached a copy of the Order for your convenience. As such, though our Third-Party Summons and Complaint be untimely, we request your leave to file said pleadings against Kaiser Gypsum, as it would be just and proper given their implication in the instant matter. Thank you in advance for your help, and please let me know if you require anything further. Sincerely, Nick Iannuzzi N i c h o l a s P. Iannuzzi MCGIVNEY Associate KLUGER & 80 Broad Street, 23rd Floor N e w York, New York 10004 COOK, P.C. www.mkclaw.us.com A C O M M I T M E N T TO E X C E L L E N C E Reception 212-509-3456 Direct 646-520-2115 Fax 212-509-4420 1 FILED: NEW YORK COUNTY CLERK 06/21/2019 12:49 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 06/21/2019 Florham Park, NJ IN e w York J Philadelphia J Syracuse JHartford J St. L o u i s JLos Angeles JFort L a u d e r d a l e J Buffalo JWilmington, DE J New B r u n s w i c k , NJ J Sparta, NJ • • . • • . . . • . . . . . . • . • . . . . . . . . . . . . • . • • • • • . . . . . . . . The information c o n t a i n e d in this e m a i l message is intended only for the personal and confidential use of the recipient(s) n a m e d above. T h i s message may be a n attorney-client c o m m u n i c a t i o n and such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error a n d that any review, d i s s e m i n a t i o n , distribution, or c o p y i n g of this message is strictly prohibited. If you have received this c o m m u n i c a t i o n i n error, please notify us i m m e d i a t e l y by E m a i l , a n d delete the o r i g i n a l message. 2